Court Digest

New York
Man on trial in assassination plot says targets included Trump, Biden, Haley

The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.

It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.

“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”

Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.

U.S. authorities were, indeed, on to him — the supposed hit men he paid were actually undercover FBI agents — and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania. Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.

“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.

“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.

The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.

The Iranian government has denied plotting to kill Trump or other U.S. officials.

Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran — where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.

Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.

The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.

Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.

“He did not tell me exactly who it is, but he told me — he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.

After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”

He even reported back to his Revolutionary Guard contact, sending observations — fake, Merchant said — tucked into a book that he shipped to Iran through a series of intermediaries.

Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.

In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.

Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.

Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”

“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.

“No,” Merchant said. “Absolutely not.”


Texas 
Judge declines to close Camp Mystic despite family’s request after last year’s floods

AUSTIN, Texas (AP) — A Texas judge on Wednesday ordered Camp Mystic to preserve damaged cabins but stopped short of blocking reopening plans after a family of one of the 25 girls and two counselors who died last summer sued to keep the camp closed.

The family of 8-year-old Cile Steward, who was swept away in the flood last Fourth of July and whose body still has not been recovered, had asked District Judge Maya Guerra Gamble to prevent the owners from reopening the facility and to halt any construction while the lawsuit is pending. Their request for a temporary injunction maintains that any changes at the camp could destroy evidence needed for their lawsuit.

Gamble ruled that Camp Mystic’s owners must not alter or demolish the cabins where campers were housed during the floods, and said they must not use the portion of the camp closest to the Guadalupe River where those cabins were located.

“What we’re trying to do is preserve the evidence that’s there so that we can understand, so that future campers will never be put in a situation like this again,” Will Steward, Cile’s father, told reporters after the hearing.

The campers and counselors were killed when the fast-rising floodwaters roared through a low-lying area of the summer camp before dawn on the Fourth of July. All told, the destructive flooding killed at least 136 people, raising questions about how things went so terribly wrong.

The camp, established in 1926, did not evacuate and was hit hard when the river rose from 14 feet (4.2 meters) to 29.5 feet (9 meters) within 60 minutes.

“The worst thing you can do is put a bunch of 8-year-olds on a bus and try to drive them out of there. They all would have drowned,” said Mikal Watts, an attorney for Camp Mystic and its family of owners.

In a packed courtroom Wednesday, family members of the deceased girls wore buttons depicting their images as lawyers for Camp Mystic displayed pictures of trees planted in their memory and architectural renderings of plans to rebuild parts of the camp outside a 1,000-year flood zone.

Attorneys for Camp Mystic have expressed sympathy for the girls’ families but maintained there was little they could have done during the catastrophic flooding that quickly overcame the camp. Pictures of the rising floodwaters were shown in court Wednesday.

More than 850 campers have already signed up to attend camp this summer, he said. The camp still needs to be approved for a license by state regulators to operate this summer.

Will and Cici Steward said they don’t believe the camp has adequate safety measures in place to welcome new campers while they still search for their daughter.

The camp’s decision last year to partially open and to construct a memorial on the grounds drew outrage from many of the girls’ families who are mourning their loved ones and who said they weren’t consulted on the plans.

Lt. Gov. Dan Patrick has asked Texas regulators not to renew the license for Camp Mystic while the deaths are being investigated and cited legislative probes that are expected to begin in the spring.

Families of several of the girls who died have sued the camp’s operators, arguing that camp officials failed to take necessary steps to protect the campers as life-threatening floodwaters approached.

Virginia 
Court allows a referendum on Democratic-led redistricting that could flip 4 U.S. House seats

RICHMOND, Va. (AP) — For the second time, Virginia’s Supreme Court ruled Wednesday that voters can cast ballots on a Democratic-led congressional redistricting plan that could help the party win four more U.S. House seats, as the justices review legal challenges to the effort.

The court ruled that a statewide referendum can be held on April 21 on whether to authorize mid-decade redistricting, upending a temporary restraining order put in place by a Tazewell County judge last month. It comes after the top court made a similar ruling last month in a related case.

The court still has not ruled on whether the mid-decade redistricting amendment and referendum are legal, indicating that the scheduled April vote could be all for nothing if the top court upholds a lower court ruling blocking the effort. Early voting on the referendum is supposed to begin Friday.

“It is the process, not the outcome, of this effort that we may ultimately have to address,” the ruling said. “Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision.”

Since late February, officials in Tazewell County have refrained from preparing for the referendum in light of the restraining order. On Wednesday, Tazewell Director of Elections Brian Earls said he would work hard to ensure early voting would start in his county come Friday.

“I believe we will be ready,” he said in an email. “If not, it will not be for lack of effort.”

The National Republican Congressional Committee, which filed the initial request for a restraining order, did not immediately respond to a request for comment on the case.

Virginia House Republican Minority Leader Terry Kilgore expressed confidence Wednesday in winning the case and at the ballot box.

“If we can throw this constitutional amendment out, what other constitutional amendments can we throw out over the next few years?” he told reporters following the ruling. “That’s not the way Virginia should be.”

President Donald Trump launched an unusual mid-decade redistricting battle last year by pushing Republican officials in Texas to redraw districts to help his party win more seats. The goal was for the GOP to hold on to a narrow House majority in the face of political headwinds that typically favor the party out of power in midterms.

Instead, it created a burst of redistricting efforts nationwide. So far, Republicans believe they can win nine more House seats in Texas, Missouri, North Carolina and Ohio. Democrats think they can win six more seats in California and Utah, and are hoping to fully or partially make up the remaining three-seat margin in Virginia.

In February, Virginia Democrats released a new congressional map that aims to give their party four more seats. Since then, the Democratic-led legislature passed the proposed map and Gov. Abigail Spanberger signed the document into law.

Still, the map only goes into effect if it’s backed by voters and the amendment process is approved by the top court.

Virginia Democratic House Speaker Don Scott said Wednesday that the top court’s decision gives voters an opportunity to decide whether the map gets used.

“The Supreme Court of Virginia’s decision ensures that this referendum will move forward and that Virginians will have the opportunity to make their voices heard,” he said.

Democratic lawmakers in Virginia have sought to portray their redistricting push as a response to Trump’s overreach. Republicans have sounded aghast at the proposed district map, describing it as a way for liberals in northern Virginia to commandeer the rest of the state.